Decision
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G.R. No. 227363
Child and Youth Welfare Code. These are all enumerated already, Mr.
President. There are particular acts that are already being punished.
But we are providing stronger deterrence against child abuse and
exploitation by increasing the penalties when the victim is a child. That is
number one. We define a child as "one who is 15 years and below." [Later
amended to those below 18, including those. above 18 under special
circumstances]
The President Pro Tempore. Would the Sponsor then say that
this bill repeals, by implication or as a consequence, the law he just
cited for the protection of the child as contained in that Code just
mentioned, since this provides for stronger deterrence against child
abuse and we have now a Code for the protection of the child?
Senator Lina. We specified in the bill, Mr. President, increase
in penalties. That is one. But, of course, that is not everything
included in the bill. There are other aspects like making it easier to
prosecute these cases of pedophilia in our country. That is another
aspect of this bill.
The other aspects of the bill include the increase in the
penalties on acts committed against children; and by definition,
children are those below 15 years of age.
So, it is an amendment to the Child and Youth Welfare Code,
Mr. President. This is not an amendment by implication. We made
direct reference to the Articles in the Revised Penal Code and in the
Articles in the Child and Youth Welfare Code that are amended
because of the increase in the penalties.
The President Pro Tempore. Would Senator Lina think then that,
probably, it would be more advisable to specify the amendments and
amend the particular provision of the existing law rather than put up a
separate bill like this?
Senator Lina. We did, Mr. President. In Section 10, we made
reference to ...
The President Pro Tempore. The Chair is not proposing any
particular amendment. This is just an inquiry for the purpose of making
some suggestions at this stage where we are now in the period of
amendments.
Senator Lina. We deemed it proper to have a separate Act, Mr.
President, that will include all measures to provide stronger deterrence
against child abuse and exploitation. There are other aspects that are
included here other than increasing the penalties that are already
provided for in the Revised Penal Code and in the Child and Youth
Welfare Code when the victims are children.
Aside from the penalties, there are other measures .that are
provided for in this Act. Therefore, to be more systematic about it,
instead of filing several bills, we thought of having a separate Act that
will add~ess the problems of children below 15 years of age. This is t o /
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